LEKH RAM Vs. UNION OF INDIA; INSPECTOR GENERAL, (APPELLATE AUTHORITY) BSF NORTH BENGAL FRONTIER; DY INSPECTOR GENERAL & COMMANDANT; PRESIDING OFFICER, FOR IG BSF RAJASTHAN, HEAD QUARTER

JUDGEMENT

(1.) The present appeal arises from order dated 27.1.2015 dismissing S.B.Civil Writ Petition No.11867/2013. The learned Single Judge declined to interfere with the order of termination dated 15.3.2013 of the Appellant from the post of Constable (GD) in the Border Security Force on the ground that at the time of his appointment he had concealed the fact of being an accused in a criminal case and deliberately mentioned a wrong answer "NO" in column no.12.

(2.) Learned counsel for the Appellant acknowledges the mistake but submits that it was bonafide due to lack of understanding. He has still not been pronounced guilty. The FIR in question dated 8.6.2009 under Section 323 and other Sections of the Indian Penal Code was on account of a village dispute with case and counter case. Reliance is placed on order dated 21.7.2016 in Special Leave Petition (C) No.20525/2011 and analogous SLPs (Avtar Singh V/s Union of India (UOI) and ors.) to submit that this lapse on part of the Appellant does not justify termination after approximately two years of service. We have heard counsel for the respondents also.

(3.) The learned Single Judge has relied upon Devendra Kumar V/s State of Uttaranchal and ors., 2013 STPL (Web) 608 SC. It was on account of divergence in judicial views that the reference in Avtar Singh came to be answered with observations and directions as contained in paragraph 30 as follows:-